"After close consideration, I made the decision to resign and defer my retirement on the MRA Rule of 75," Castañeda wrote, addressing the Supreme Court Justices.

Castañeda refused to make any additional comment. His attorney, Lovington-based Barry Crutchfield did not respond to an interview request.

According to New Mexico state statute, Gov. Susana Martinez would appoint someone qualified to fill the vacancy.

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Eddy County Magistrate Judge Henry Castañeda canvasses school board election results to ensure they are accurate on February 8, 2017.(Photo: DeJanay Booth/Current-Argus)

Massey said until the seat is filled, Castañeda's court cases will be reassigned to Eddy County Magistrate Court judges D'Ann Read in Carlsbad and potentially Judge Daniel Reyes in Artesia.

Judges from other magistrate courts or retired judges may also handle some of Castañeda's cases.

"Attorneys will receive notices of any reassignment of their cases to another judge," Massey said.

A petition for permanent removal was filed by the New Mexico Judicial Standards Commission on Oct. 10, 2017, after Castañeda was accused of violating the New Mexico Judicial Branch's Computer and Internet Use Policy and Code of Judicial Conduct by accepting and forwarding "offensive, degrading, pornographic, racist and sexist" emails throughout his two terms as magistrate court judge.

Castañeda was also accused of engaging in ex parte communication via email regarding the 2014 case against John Aragon. Aragon was accused of inappropriate contact with a minor, but the charges against him were dismissed in 2016.

Randall Roybal, executive director and general counsel of the New Mexico Judicial Standards Commission, said the commissioner stands by its original removal request.

“After close consideration, I made the decision to resign and defer my retirement on the MRA Rule of 75.”

Judge Henry Castañeda

Despite his resignation letter, the Judicial Standards Commissioner is upholding its request for a permanent removal of Castañeda from his position, but has asked for an oral argument scheduled for Feb. 21 to be "vacated."

Castañeda's judicial email account was searched after an an Inspection of Public Records Act request was filed by Ronald Sanchez, a former employee with the state Administrative Office of the Courts.

Sanchez was terminated following his email account being linked to a 2015 social networking scandal.